Lichma @ Laxmi Devi And Another vs State Of Punjab
2022 Latest Caselaw 17438 P&H

CRM-M-56722-2022                                                    1


      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                   CHANDIGARH

                                              CRM-M-56722-2022
                                              Date of decision:21.12.2022

Lichma @ Laxmi Devi and another
                                                          ...Petitioners
                   Versus
State of Punjab
                                                          ...Respondent

CORAM:      HON'BLE MR.JUSTICE VIKAS BAHL

Present: Mr. Rahul Sidher, Advocate for the petitioners.
         Mr. Tarun Aggarwal, Sr. DAG, Punjab.
         Mr. Jasbir Singh Mokri, Advocate for the complainant.
VIKAS BAHL, J. (ORAL)

Prayer in this petition under Section 438 Cr.PC is for grant of

anticipatory bail to the petitioners in case bearing FIR No.89 dated

10.11.2022 registered under Sections 306, 34 IPC at PS City-2 Abohar,

District Fazilka, Punjab.

On 06.12.2022, this Court was pleased to pass the following

order:-

"Inter alia contends that petitioner No.1 is the maternal grand mother-in-law (Naani Saas) and petitioner No.2 is the maternal grand father-in-law (Naana Sasur) of the deceased Paras and their grand daughter of Renu was married to Paras and since deceased Paras used to consume liquor/drugs in heavy quantity, thus, there was a dispute in the house and on account of the same, Renu left the house as said Paras used to beat her on many occasions. It is further submitted that Renu gave birth to a baby girl on 11.09.2022 but said Paras had no concern with the said baby. It is stated that the deceased committed suicide on 06.11.2022, whereas, the FIR has been registered after a delay of more than four days i.e. on 10.11.2022 and even as per the alleged whatsapp messages dated 08.07.2022 and 06.11.2022, no specific allegation has been made so as to prima facie show that offence under Section 306 IPC has been committed. In support of his contentions, learned counsel for the petitioner has relied upon judgment of the Hon'ble Supreme Court of India in a case titled as "Gangula Mohan Reddy Vs. State of Andhra Pradesh", reported as (2010) 1 Supreme Court Cases 750 and 1 of 2

also a judgment of a Co-ordinate Bench of this Court in "State of Punjab Vs. Kamaljit Kaur alias Bholi and another", reported as 2008(2) RCR (Criminal) 562.

Notice of motion for 21.12.2022.

To be heard along with CRM-M-56519-2022.

In the meantime, in the event of arrest, the petitioners are ordered to be released on interim bail subject to their furnishing personal bonds and surety to the satisfaction of Arresting / Investigating Officer. However, the petitioners shall join the investigation as and when called upon to do so and shall abide by the conditions as provided under Section 438(2) Cr.P.C.

             06.12.2022                             (VIKAS BAHL)
                                                       JUDGE"

Learned counsel for the petitioners has submitted that in

pursuance of the said order, the petitioners have joined the investigation.

Learned State counsel, on instructions from ASI Bhupinder, has

submitted that the petitioners have joined investigation and are not required

for further investigation.

Keeping in view the above said facts and circumstances

moreso, the facts which have been noticed in the order dated 06.12.2022,

and also the fact that the petitioners have joined the investigation and are

not required for further investigation, the present petition is allowed and the

interim order dated 06.12.2022 is made absolute.

Nothing stated above shall be construed as an expression of

opinion on the merits of the case and the trial would proceed independently

of the observations made in the present case which are only for the purpose

of adjudicating the present bail petition.

                                                      (VIKAS BAHL)
21.12.2022                                               JUDGE
ishwar
             Whether speaking / reasoned              Yes/No
             Whether reportable                       Yes/No




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